Violent Crimes Lawyer Newport Beach, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk damaging your reputation, ruining your career, and worst of all, a long time in jail or prison. But you can fight to protect yourself. And when you call the Law Offices of David S. Chesley, Inc., you have someone protecting you from these devestating consequences. We will fight to protect you from violent crime accusations in each of the below categories (and more):
- Assault, Threats, and Interpersonal Harm
- Firearm Mishandling
- Family and Animal Abuse
- Sentencing Enhancements
- Procedural and Governance Charges
Our skillful Newport Beach, CA, violent crimes defense lawyers will investigate your case, be honest with our recommendations, and develop defensive strategies that should be effective for your case. We know that every case is unique and treat every client with respect. If you need to craft your defense, phone us at (800) 755-5174 or tell us about your case online today for a free, private consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Accusations
Our team of Newport Beach, CA, criminal defense lawyers know that every violent crime case is unique, and we give each of our clients' cases a tailored defense. This is how we do it:
- Learn Your Story – Every case starts with our client. We want to hear your side of the story.
- Research the Law and Your Case – We'll research the specifics of the charges and Newport Beach, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Craft a Defense Strategy – Our lawyers will recommend a defensive strategy such as defense of others, lack of intent, or false allegations.
- Negotiatiate With the State – For many cases, the easiest way to a positive outcome is through a plea deal. When we negotiate plea deals with the state, we don't give up and fight to get something favorable.
- Fight At Trial – Should your case go to trial, we'll present our matchless defense in court and show the judge and/or jury your side of the story.
Understanding Violent Crimes in California: Felony vs. Misdemeanor Charges
In California, "violent crimes" is wide category, including everything from domestic violence to drive-by shootings to firearm offenses. When you've been accused of a violent crime in Newport Beach, CA, the state needs to prove factors like intent and harm beyond a reasonable doubt. After an arrest, you face an arraignment hearing, where you are told about the specific charges you're facing. Many violent crime charges in California are 'wobblers,' meaning that they can be charged as either a misdemeanor or a felony. Misdemeanors have lighter sentences, while felonies can land you in prison for years. Several of these cases hinge on testimony as much as physical evidence — our attorneys will dissect alleged victim testimony in cross-examination and show your side of the story.
If you're curious about violent crime distinctions, let's look at the difference between assault charges and battery charges in California: Assault (Penal Code 240) involves an attempt or threat to harm, while battery (Penal Code 242) goes a step further, with one person successfully, intentionally harming another. Each of these can be misdemeanors or felonies; it's up to the prosecution to decide what to charge. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. Probation is more likely if you don't have any prior convictions on your record, but particularly aggressive circumstances could wind up with felony charges. At the Law Offices of David S. Chesley, we will fight for your freedom and protect your rights, mounting a tenacious defense against all charges.
Major Newport Beach, CA, Violent Crime Charges We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is perhaps the most prototypical violent crime charge people thing of. What's interesting about it is that no harm has to actually be done. To be guilty of assault, one has to attempt "a violent injury on the person of another." Most people are unaware that to be charged with assault, there only has to be an attempt at causing harm, even if you don't actually cause harm.
Simple assault charges can already get you months in prison and a $1,000 fine, but the line can be fuzzy between simple assault and some of it's more serious versions. Aggravated assault is just that: assault with intent to cause serious bodily injury. Closely related is assault with a deadly weapon: Assault using a non-firearm weapon. These variations aren't official charges, but rather subcategories for more serious assault charges
Now that we've covered assault, let's discuss battery. Battery occurs when harm is actually done, instead of simply being attempted. In Newport Beach, CA, it's common to be charged with both at the same time after an altercation. On the flip side, criminal threats charges don't even require an attempt at violence, just an attempt to intimidate someone. Regardless of whether you wanted to (or even could) follow through on the threats, you can be found guilty.
Another important set of charges we commonly defend against in this category is reckless endangerment charges. This can include reckless driving, child endangerment, and other charges along those lines. Due to the difference in individual laws, it's important to hire a violent crimes lawyer who knows how to defend each of the charges.
The Law Offices of David S. Chesley, Inc., also defends against the below violent crimes charges in Newport Beach, CA,:
- False Imprisonment: This is defined as an incident when an individual detaining another without just cause, and could be as simple as you allegedly blocking a doorway.
- Kidnapping: Kidnapping is different from false imprisonment because it involves forcibly moving a person from one location to another.
- Human Trafficking: As opposed to the above allegations, human trafficking is done for particular, extra heinous reasons such as forced labor or sex.
- Stalking: California defines stalking as repeatedly following or harassing another person, and making a related credible threat.
- Terrorist Threats: Terrorist threats are another form of criminal threats – you're also likely to see hate crime charges in these cases.
- Torture: Torture is a specific, grevious category of attack done for reasons such as revenge or extortion.
- Mayhem: If a fight resulted in the permanent scarring of another person, the aggressor can be charged with mayhem.
- Arson: Whether or not you burned something on purpose is the key difference between arson charges and reckless burning.
- Rioting: Rioting involves multiple people acting together to cause and/or threaten violence while disturbing the peace.
Firearm Mishandling Defense Lawyers
Due to state law, you're not able to just do whatever you please with a gun in Newport Beach, CA. California firearm offenses vary widely in nature and scope, and you can get in trouble for something as simple as unlawful possession.
Commonly, unlawful possession charges are related to a felon in possession of a firearm, but it could also be related to possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any Newport Beach, CA, gun charges are serious, the way the firearm was (and wasn't) allegedly used can make a big difference. Brandishing a weapon normally does not include use of the weapon beyond showing it with the intent to scare another person. This is often prosecuted as a misdemeanor instead of a felony.
On the other hand, discharging a firearm will frequently get you harsher sentences. Especially in cases such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An experienced Newport Beach, CA, violent crimes defense attorney can not only protect you from a prison sentence and hefty fine, but also from further restrictions on your Second Amendment rights.
Family and Animal Abuse Defense Lawyers
Violent crime charges are bad enough on their own. Domestic accusations, though, are especially hard to fight. Domestic violence goes beyond battery on your spouse; it includes intentional or unintentional harm, threats of abuse, and even just placing someone in fear of harm. The other qualifying factor for 'domestic' violence is who the alleged victim is: for it to qualify, they must be someone with a close relationship to the alleged offender, such as a child, spouse, or cohabitant.
Domestic violence charges aren't the only ones that are defined by the alleged victim. Child abuse involves the direct, intentional cause of harm to a child, meanwhile child endangerment includes either negligently or purposefully putting a child in danger. These charges can be filed together, amplifying their gravity.
Our expert violent crimes defense lawyers aren't limited to just conflicts between family members who live together. We can also help you fight animal cruelty charges, elder abuse charges, and, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
If you're facing violent crime charges in Newport Beach, CA, there's a good chance that they're one of the ones above. That said, you might also need to fight increased charges and/or sentencing enhancement should your case fall into certain categories.
In many cases, the punishments can be heightened via gang enhancements. If a crime was committed in the furtherance of gang activities, the sentence you face can be increased by several years. Conspiracy charges are dangerous because you can face penalties without having personally done something actively wrong. You could be found guilty of conspiracy if you collaborate with somebody else to break the law, and either one of you does something that furthers the commission of the crime.
You could also see increased penalties if you're being charged with a hate crime. Hate crime charges can be their own case, but, they are frequently used as enhancements to other crimes. The district attorney in Newport Beach, CA may charge another crime as a hate crime if they believe that the alleged offender committed the crime as an attack against a specific protected group.
Additionally, our Newport Beach, CA, violent crimes attorneys can help guard you against California's three strikes law. This law allows the government to keep track of your criminal history and assign "strikes" to certain felony convictions. With one prior strike, sentences for felony convictions are doubled, and you won't be eligible for parole until you've served 80% of the sentence. When convicted and given a third strike, the penalty could be 25-years-to-life in prison, with additional restrictions on parole.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Newport Beach, CA, you can expect to face extra harsh violent crime charges. Assault on a police officer carries harsher penalties than simple assault, while resisting arrest can range from physical attacks to simply being uncooperative. Obstructing a police officer is a closely related set of charges, though these ones can broadly apply to anything done to get in their way, whether or not they were trying to arrest you.
For the majority of violent crime charges, you'll be up against the local Newport Beach, CA prosecution. On some occasions, when the accusations are especially severe, a federal prosecutor may fight against you. Federal court can be a whole different arena, and you need a law firm with the strength to fight for your rights against the United States government. The Law Offices of David S. Chesley, Inc., is prepared to be your defense attorney for federal crimes as well as state charges.
Additional Miscellaneous Violent Crime Defense Services We Offer
- Aggravated Battery
- Assault With Force Likely to Produce Great Bodily Injury
- Battery On a Spouse or Cohabitant or Dating Partner
- Contempt for Violating a Domestic Violence Court Order
- Corporal Injury on a Spouse or Cohabitant
- Dissuading a Witness or Victim/Witness Intimidation
- Expungement/Record Clearance After Violent Crime Conviction
Violent Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer if you're up against charges like armed robbery, where force or fear is used to take property. Penalties can reach 9 years in prison, especially if a weapon is involved. First-degree burglary, entering a residence with intent to steal, is a felony with 2-6 years. Carjacking (PC 215) involves taking a vehicle by force, punishable by up to 9 years.
Without a leading violent robbery defense lawyer, you could be facing serious felony charges without a path out. At the Law Offices of David S. Chesley, we will fight to get your charges reduced and case dismissed. If you're on parole or have any convictions on your record, you could face sentencing enhancements if convicted. Restraining orders may follow if violence is alleged, impacting your life long-term.
Top 3 Violent Crimes Defense Lawyer Qualities
Violent crimes charges need high-quality defense lawyers. When you're deciding on an attorney to fight your case in Newport Beach, CA, it's important to hire a legal team with the below 3 qualities:
- Prior Success: You don't want someone who's new to the California legal system, or new to your type of charge. Our team has a history of successful violent crime defense results.
- Diverse Legal Experience: The Law Offices of David S. Chesley, Inc., has over 50 years of combined law experience, including time as prosecutors, judges, and police officers. We know how the state tries to get violent crimes convictions, and how to fight for a positive outcome.
- Local Relationships: We handle court cases all over California, including in Newport Beach, CA. We know local prosecutors and judges, and will use them to your advantage.
To maximize your chances of beating violent crimes charges, you need lawyers with all of the above attributes. And with the Law Offices of David S. Chesley, Inc., you'll get those qualities.
Defending Against California's Three Strikes Law in Newport Beach
California's Three Strikes Law (Penal Code 667) is important to keep in mind for violent crimes charges in Newport Beach, CA. Enacted in 1994, it mandates 25 years to life for a third "strike" felony if priors include serious or violent crimes. Even non-violent third strikes once triggered life sentences until Proposition 36 reformed it in 2012, allowing resentencing for some.
At the Law Offices of David S. Chesley, we know what it takes to defend Three Strikes cases. If you're facing a strike-eligible charge like robbery, assault with a deadly weapon, or kidnapping, one conviction counts as a strike, doubling future sentences or imposing life terms. For example, a third strike for shoplifting (if priors are strikes) could mean life—though reforms limit this to violent thirds.
Defense Strategies Against Three Strikes Charges in Newport Beach, CA:
- Romero Motions: Romero motions can be used to request a judge to remove an existing strike on your record. Success rates are high with compelling arguments, like rehabilitation or procedural errors in old cases.
- Resentencing Petitions: After Proposition 36 was passed in 2012, thousands of people have been resentenced. If your third strike was non-violent, we petition for a reduction, potentially cutting life sentences to time served.
- Avoiding New Strikes: If your case is ongoing, we will argue for charges to be reduced down to misdemeanors when possible, avoiding a strike. Showing lack of intent is key in thse cases.
- Constitutional Challenges: Depending on the context of your case, we can argue that the sentence is unconstitutional, and constitutes cruel and unusual punishment. We can also look into prior cases to see if there were any procedural errors that should have resulted in an acquittal.
- Impact on Parole and Life After Conviction: Strikes delay parole eligibility. A skilled criminal defense attorney like the ones at the Law Offices of David S. Chesley will fight for your early release and/or expungement of your record.
A Newport Beach, CA, client with two priors faced a third strike for assault on a peace officer. By proving self-defense and procedural errors (improper Miranda), we got the charge reduced, avoiding life. The District Attorney often pushes hard, but jury trials reveal biases in victim testimony. With over 20 years defending Three Strikes, I've secured dismissals in 70% of cases by exploiting weaknesses.
Three Strikes disproportionately affects minorities and low-income areas like parts of Newport Beach, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. We're ready for your case. Call now to start building your defense.
Staunch Protection Against Violent Crime Charges – Call Our Firm Right Away
Violent crimes charges are tough to fight on your own. The statutes are complex. The Newport Beach, CA, prosecutor is frightening. And the punishments are grim. Without an expert violent crimes lawyer at your side, your liberty and constitutional rights are in danger.
At the Law Offices of David S. Chesley, Inc., we don't wait and watch the prosecution make its case against you. We don't settle for a bad plea deal, just because it was the first one offered. We battle the state. We listen to your story, craft a resolute defense, and defend your rights from when we first speak until the case is done.
Reach out to us now to start building your defense. Connect with us at (800) 755-5174 or tell us about your case via our online contact form to speak with a member of our team about how to protect your rights.
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